- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.64.pr-5.1.64.1
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-10
This text explains that the assessment of fraud is based on the plaintiff's oath in court rather than on interest, and that security given for payment of judgment in a specific lawsuit is not triggered if the action is brought in another lawsuit.
[IDEM libro primo disputationum.]
[THE SAME, in the First Book of Disputations.]
Non ab iudice doli aestimatio ex eo quod interest1 fit, sed ex eo quod in litem iuratur: denique et praedoni2 depositi et commodati ob eam causam competere actionem non dubitatur.
The assessment of fraud is not made by the judge on the basis of what is of interest, but on the basis of what is sworn to in the lawsuit; hence, there is no doubt that even a plunderer has a right of action for deposit and loan for use for this reason.
Si quis alio iudicio3 acturus iudicatum solui satis acceperit, deinde in alio iudicio agat, non committetur stipulatio,4 quia de alia re cautum uidetur.
If anyone, intending to sue in a certain lawsuit, has received security for the payment of the judgment, and then sues in another lawsuit, the stipulation is not forfeited, because security seems to have been given for a different matter.
- 5.1.64.prex eo quod interest
A relative clause introduced by the relative pronoun quod, meaning "that which is of interest" or "the financial interest". It refers to the actual loss of the plaintiff objectively assessed by the judge.
- 5.1.64.prpraedoni
A dative referring to the unlawful possessor (plunderer), acting as the indirect object of the infinitive competere ("a right of action belongs to...").
- 5.1.64.1alio iudicio ... in alio iudicio
The first alio means "in a certain (one) lawsuit", whereas in contrast, the second in alio iudicio means "in another, different lawsuit".
- 5.1.64.1committetur stipulatio
A passive form of the legal idiom committi, indicating that the condition of a stipulation is fulfilled, making the penalty or obligation exigible. Here with non, it means "the stipulation is not committed" (no obligation arises).
Translated by Gemini 3.5 Flash (published 2026-07-12) · Revision history (1, latest 2026-09-21)
- 2026-09-21 AI review — note 1